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November 2004, Week 3

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From:
LLTI-Editor <[log in to unmask]>
Reply To:
Language Learning and Technology International Information Forum <[log in to unmask]>
Date:
Thu, 18 Nov 2004 16:43:28 EST
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--- Forwarded Message from Dick Feldman <[log in to unmask]> ---

>In-Reply-To: <[log in to unmask]>
>References: <[log in to unmask]>
>Date: Thu, 18 Nov 2004 11:26:19 -0500
>To: Language Learning and Technology International Information Forum
<[log in to unmask]>
>From: Dick Feldman <[log in to unmask]>
>Subject: Re: #7715.3 Watching Videos in the Lab (!)

All,
I agree with Jack here, though my own tentative analysis would
include commercial movies.  I have consulted with copyright people
from the libraries.  I see the key elements as being the language
center as a place dedicated to instruction and the films being part
of a curriculum and a specific assignment. We are considering
offering streaming video, but only for the very restricted period of
an assignment (several days) only in our center (LAN access only) and
only available to students in the class.  I get some of my
inspiration from the music librarians association:

>In light of the above, the Music Library Association supports the
>creation and transmission of digital audio file copies of
>copyrighted recordings of musical works for course reserves
>purposes, under the following conditions:
>
>* Access to such digital copies must be through library-controlled
>equipment and campus-restricted networks.
>* Access to digital copies from outside of the campus should be
>limited to individuals who have been authenticated: namely, students
>enrolled either in a course or in formal independent study with an
>instructor in the institution.
>* Digital copies should be made only of works that are being taught
>in the course or study.
>* Digital copies may be made of whole movements or whole works.
>* Either the institution or the course instructor should own the
>original that is used to make the digital file. The Library should
>make a good faith effort to purchase a commercially available copy
>of anything that is provided by the instructor.
>* The library should remove access to the files at the completion of
>the course.
>* The library may store course files for future re-use. This
>includes the digital copy made from an instructor's original if the
>library has made a good faith effort to purchase its own copy
>commercially.
>
>http://www.lib.jmu.edu/org/mla/guidelines/accepted%20guidelines/Digital%20Reser
ves.asp

Dick

>--- Forwarded Message from Jack Burston <[log in to unmask]> ---
>
>>User-Agent: Microsoft-Entourage/11.1.0.040913
>>Date: Tue, 16 Nov 2004 13:31:30 -0500
>>Subject: Re: #7715 Watching Videos in the Lab
>>From: Jack Burston <[log in to unmask]>
>>To: Language Learning and Technology International Information Forum
><[log in to unmask]>
>>In-Reply-To: <[log in to unmask]>
>
>Tom,
>
>Normally, as soon as you digitize media (audio or video) you have legally
>changed its nature, for which copyright permission is required. Likewise, if
>you move material which is already digitized to another format, e.g., DVD to
>a server hard disk. This is all independent of whether you make it available
>to students for listening/viewing. The tricky legal question here is whether
>or not the TEACH act provides an exemption. The primary consideration is
>whether the material constitutes an essential part of the curriculum and if
>so, whether access is strictly limited to students enrolled in the course.
>As far as I know, there are also restrictions on the source of the material.
>Videos marketed for the pedagogical market (e.g., the Chemin du retour DVD)
>and full-length commercial movies do not qualify.  Perhaps someone with a
>legal background can provide us with more details?  Jack
>
>--
>Jack Burston, Ph.D.
>Director
>Foreign Language Technology Center
>College of Liberal Arts
>Rochester Institute of Technology
>Rochester, NY 14623-5604
>
>
>
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>Otmar Foelsche, LLTI-Editor ([log in to unmask])
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